Model Policy


Effective Date Revised:  October 1, 1996		Number	
Subject Domestic Violence			
Reference  		Special Instructions	
Distribution	Reevaluation Date October 1, 1997	No. Pages	


I.	PURPOSE
	It is the purpose of this policy to prescribe preliminary courses of action police officers should take in response to domestic violence incidents.

II.	POLICY
	This agency maintains that the nature and seriousness of crimes committed between family/household members are not mitigated solely because of the relationships or living arrangements of those involved. It is the policy of this agency that domestic violence be treated with the same consideration as violence in other enforcement contexts and, consistent with this policy, that officers combine the use of appropriate community services with enforcement of the law to (1) break the cycle of domestic violence by preventing future incidents or reducing the frequency and/or seriousness of such incidents, (2) protect victims of domestic violence and provide them with support, and (3) promote officer safety when dealing with domestic abuse situations.

III.	DEFINITIONS
	Family/household member includes persons who fit into one of the following categories:
	1.	Are legally married to one another;
	2.	Were formerly married to one another;
	3.	Are related by blood;
	4.	Are related by marriage;
	5.	Have a child in common;
	6.	Are living together, who have lived together, or who have a dating relationship; or
	7.	Are specified as such by state law.
	
	Domestic violence occurs where a family or household member commits or attempts to commit the following types of offenses against another:
	1.	Bodily injury or threat of imminent bodily injury;
	2.	Sexual battery;
	3.	Physical restraint; 
	4.	A property crime directed at the victim;
	5.	Violation of a court protection order or similar court injunction; or
	6.	Death.

IV.	DISPATCHER=S PROCEDURES
	The dispatcher who receives a domestic violence call can provide the responding officers with vital information that could save the victim=s and the officer=s lives.  The dispatcher will give a domestic violence call the same priority as any other life-threatening call and will, whenever possible, dispatch at least two officers to every incident.
	A.	In addition to information normally gathered, an effort should be made to determine and relay the following to responding officers:
		1.	Whether the suspect is present and, if not, the suspect=s description and 	possible whereabouts;
		2.	Whether weapons are involved;
		3.	Whether anyone has been injured;
		4.	Whether the offender is under the influence of drugs or alcohol;
		5.	Whether there are children present;
		6.	Whether the victim has a current protective or restraining order; and
		7.	Whether there is a history of domestic violence complaints at that 	location.
	B.	Dispatchers shall not cancel police response to a domestic violence complaint based solely on a follow-up call from the residence requesting such cancellation.  However, the dispatcher shall advise the officers of the complainant=s request.

V.	RESPONDING OFFICER PROCEDURES
	A.	On-Scene Investigation
		When responding to a family violence call, the officers shall
		1.	Physically separate parties involved in domestic violence.
		2.	Restore order by gaining control of the situation.
		3.	Take control of all weapons used or threatened to be used in the crime.
		4.	Assess the need for medical attention and call for medical assistance if 	indicated.
		5.	Interview all parties.
		6.	Collect and record evidence and, where appropriate, take color 	photographs of injuries and property damage.
		7.	Complete appropriate crime or incident reports necessary to fully 	document the officer=s response, whether or not a crime was committed 	or an arrest made.
		8.	Give the victim a copy of the incident report number.
		9.	If the offender has left the scene and a crime has been committed, the 	officers will do the following:
			a.	Search the immediate area if potentially worthwhile;
			b.	Obtain information from victims and witnesses as to where the offender might be; 
			c.	Seek an arrest warrant, and
			d.	Refer the matter to the investigative unit.
	B.	Arrest
		1.	Officers should make an arrest when probable cause and legal authority exist to do so.  Field release and issuance of a citation are not permitted in domestic violence cases when grounds for an arrest are present.
		2.	If an arrest is not made where probable cause exists, officers shall fully explain the basis for their non-arrest decision.
		3.	The officers should emphasize to the victim and the offender that the criminal action is being initiated by the state and not the victim.
	C.	Victim Assistance/Crime Prevention
		Many victims of domestic violence feel trapped in violent relationships because they are unaware that domestic violence is a crime or that resources are available to help them.  Also, the offenders may have threatened further violence if the victim attempts to leave or seek assistance.  Therefore, officers are  required to provide the following assistance to victims, batterers, and, where appropriate, the children of these individuals:
		1.	Advise all parties about the criminal nature of family violence, its potential for escalation, and that help is available;
		2.	Secure medical treatment for victims;
		3.	Ensure the safety of the children;
		4.	Remain on the scene until satisfied that there is no threat to the victim;
		5.	Remain on the scene to preserve the peace if one person needs to remove personal (not joint) property; 
		6.	Provide the victim with a referral information packet for legal or social assistance and support;
		7.	Where necessary, transport the victim to an available shelter or suitable alternative safe haven; and
		8.	If children need to be removed from the home, contact a supervisor.

This project was supported by Grant No. 93-DD-CX-K009 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice.  The Assistant Attorney General, Office of Justice Programs, coordinates the activities of the following program offices and bureaus:  the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office of Victims of Crime.  Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice or the International Association of Chiefs of Police.

Every effort has been made by the IACP National Law Enforcement Policy Center staff and advisory board to ensure that this model policy incorporates the most current information and contemporary professional judgment on this issue.  However, law enforcement administrators should be cautioned that no Amodel@ policy can meet all the needs of any given law enforcement agency.  Each law enforcement agency operates in a unique environment of federal court rulings, state laws, local ordinances, regulations, judicial and administrative decisions and collective bargaining agreements that must be considered.  In addition, the formulation of specific agency policies must take into account local political and community perspectives and customs, prerogatives and demands; often divergent law enforcement strategies and philosophies; and the impact of varied agency resource capabilities, among other factors.